BOARD DATE: 4 September 2012
DOCKET NUMBER: AR20120003435
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Bronze Star Medal.
2. The applicant states he was awarded the Bronze Star Medal while assigned to the 44th Medical Brigade in the Republic of Vietnam (RVN).
3. The applicant provides:
* his DD Form 214
* his DD Form 215 (Correction to DD Form 214), dated 18 January 2012
* General Orders Number 730, issued by Headquarters, 44th Medical Brigade, RVN, dated 25 July 1969
* a memorandum to the commanding officer, 43rd Medical Group, subject: Transmittal of Award, dated 15 August 1969
* his Bronze Star Medal Certificate
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame
provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was a U.S. Army Reserve (USAR) Medical Corps officer.
3. The applicant entered on active duty as a captain on 7 August 1967. His DA Form 66 (Officer Qualification Record) shows he:
* served in the RVN from 10 July 1968 to 2 July 1969 with the following
44th Medical Brigade units:
* 9th Medical Laboratory 13 July to 3 October 1968
* 71st Evacuation Hospital 4 October 1968 to 2 July 1969
* was promoted to major on 6 March 1969
* was awarded the:
* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device (1960) (VCM)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
4. The applicant was honorably released from active duty on 11 July 1969 at Fort Lewis, WA. He was transferred to the U.S. Army (USAR) Control Group (Reinforcement) to complete his remaining service obligation. The DD Form 214 he was issued at the time, as corrected by a DD Form 215, dated 18 January 2012, shows award of the:
* NDSM
* VSM with four bronze service stars
* VCM with Device (1960)
* Meritorious Unit Commendation
* Expert Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
5. General Orders Number 730, dated 25 July 1969, awarded the applicant the Bronze Star Medal for meritorious service in the Republic of Vietnam during the period 10 July 1968 to 9 July 1969.
DISCUSSION AND CONCLUSIONS:
General orders awarded the applicant the Bronze Star Medal for meritorious service in Vietnam during the period 10 July 1968 to 9 July 1969. Therefore, his DD Form 214 should be corrected to show this award.
BOARD VOTE:
__x___ ___x_____ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 the Bronze Star Medal.
_________x______________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20120003435
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ABCMR Record of Proceedings (cont) AR20120003435
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